Cottage food laws/Virginia
Permissive

Virginia cottage food laws

No permit, no inspection, no income cap on baked goods, but tight in-person sales rules.

Virginia's home kitchen food processing exemption lets producers make and sell low-risk, non-perishable foods without a permit or VDACS inspection. There is no income cap on baked goods, but transactions are largely in-person, and online ordering, shipping, and third-party delivery are restricted under the exemption.

Last verified May 2, 2026•Virginia Home Kitchen Food Processing Exemption (Code of Virginia § 3.2-5130)
At a glance

Virginia cottage food, quick facts.

📋
Permit
Not required under the home kitchen exemption
💰
Sales cap
None for baked goods; $9,000/year for acidified foods
🌐
Online sales
Online advertising allowed; orders and payment must be in person, by phone, or by text
📦
Shipping in-state
Not allowed under the exemption
✈️
Shipping out-of-state
Not allowed under the exemption
🎓
Training
Not required (encouraged)
🏠
Inspection
Not required
How it works

How the Virginia cottage food law actually works.

Virginia has two paths for selling homemade food: the Home Kitchen Food Processing Exemption (often just called the cottage food exemption) and the more involved Home Food Processing Operation. Most home bakers use the exemption because it does not require a permit, an inspection, or food safety training.

Under § 3.2-5130, an operator can produce non-perishable foods (like baked goods, jams, jellies, candies, and dried foods) in a private home kitchen and sell them directly to the end consumer. There is no statewide gross sales cap on most products. Acidified foods like pickles have a separate annual cap of $9,000 (raised from $3,000 by HB 759 in 2024).

The trade-off is on sales channels. Under the exemption, transactions are largely in-person. The Virginia Department of Agriculture and Consumer Services (VDACS) treats internet sales, mail orders, third-party delivery (DoorDash, Uber Eats), and shipping as outside the exemption. HB 759 (2024) explicitly authorized online advertising of cottage food products, but the actual order placement and payment must still happen by phone, text, or in person, with delivery in person at pickup or at a permitted event.

If you want to ship, sell wholesale, or run a full e-commerce store, the Home Food Processing Operation path is what you need. That path involves a VDACS inspection and a higher level of regulation, but it opens online sales, shipping, and broader distribution.

What you can sell

Allowed and prohibited foods.

✓Allowed
  • Loaf breads, rolls, biscuits, tortillas
  • Cookies, brownies, biscotti, bars
  • Cakes and cupcakes without cream or custard fillings
  • Fruit pies (high-acid fruit only)
  • Candies, fudge, brittle, toffee, caramel corn
  • Chocolate-covered fruit and nuts
  • Jams, jellies, preserves, fruit butters
  • Dried fruits, herbs, and dehydrated vegetables
  • Granola, trail mix, roasted nuts, nut butters
  • Crackers, popcorn, dry baking and seasoning mixes
  • Honey (up to 250 gallons under a related agriculture exemption)
✕Prohibited
  • Cheesecakes, cream pies, custard pies, meringue pies
  • Cream cheese frosting and any frosting requiring refrigeration
  • Tres leches and any cake requiring refrigeration
  • Meat, poultry, and fish products
  • Low-acid canned foods
  • Beverages requiring refrigeration

Virginia's exemption covers non-perishable foods. Acidified foods (pickles, hot sauces, salsas) have a separate $9,000 annual cap and tighter rules. For meat, dairy, and refrigerated items you need a Home Food Processing Operation, not the exemption.

Where you can sell

Sales channels for Virginia cottage bakers.

🤝
In-person / pickup
Allowed. Pickup at home, farmers markets, fairs, festivals, and events.
🌐
Online sales
Limited. Online advertising is allowed (HB 759, 2024). Orders and payment must be by phone, text, or in person, with delivery in person.
📦
Shipping in-state
Not allowed under the exemption.
✈️
Shipping out-of-state
Not allowed under the exemption.
🥕
Farmers markets
Allowed without a state cottage permit. The market itself may have its own rules.
🏪
Retail stores
Not allowed under the exemption (sales must be direct to consumer).
🍽️
Restaurants
Not allowed under the exemption.
  • Third-party delivery services like DoorDash and Uber Eats are not allowed under the exemption.
  • If you want to ship or run a full online store, you need a Home Food Processing Operation, not the exemption.
  • VDACS contact for clarification: foodsafety@vdacs.virginia.gov or 804-786-3520.
Labels

Label every product, exactly like this.

01
Producer name
Your business name or legal name.
02
Producer address
Address where the food is produced.
03
Product name
For example, "Sourdough Bread" or "Apple Butter".
04
Ingredients in descending order by weight
Include sub-ingredients of compound ingredients.
05
Net weight or net volume
In US customary units; metric optional.
06
Allergen statement
Identify the major allergens: milk, egg, fish, shellfish, tree nuts, peanuts, wheat, soybeans, and sesame.
07
Required Virginia disclaimer
Placed on the principal display panel of the package per HB 759 (2024).
Required disclaimer (copy verbatim)
NOT FOR RESALE. Processed and prepared without state inspection.
  • The required statement must appear on the principal display panel.
  • Acidified foods carry additional labeling requirements and recipe rules.
  • Always confirm the latest exact label wording with VDACS, since the language has been refined over recent legislative sessions.
Sales cap

How much can you earn under Virginia cottage law?

Most products have no statewide cap under the home kitchen exemption: baked goods, candies, dried foods, jams, jellies, and similar non-perishable items can be sold without a sales limit. Acidified foods (pickles, hot sauces, salsas) are capped at $9,000 in gross annual sales (raised from $3,000 by HB 759 in 2024). Honey has a separate 250-gallon-per-year limit under Virginia's agriculture rules.

Training

Food safety training in Virginia

Virginia does not require food safety training for the home kitchen exemption. Many producers complete a low-cost food handler course (ServSafe Food Handler, StateFoodSafety) anyway, because customers like seeing a certificate and the material covers practical things like cross-contamination and allergen handling. Training is required if you upgrade to a Home Food Processing Operation.

Registration

Registration, permits, and inspections in Virginia

There is no state registration to begin operating under the home kitchen exemption. You do not file paperwork with VDACS. You may still need a local business license, a sales tax certificate from the Virginia Department of Taxation, and zoning or HOA clearance for a home-based business. If you upgrade to a Home Food Processing Operation, you submit an application to VDACS and undergo an inspection.

Step-by-step

How to start a cottage bakery in Virginia.

  1. 01
    Read the VDACS home kitchen exemption FAQ
    Start with the official VDACS home kitchen FAQ to understand what you can and cannot do under the exemption.
    VDACS: Virginia's Home Kitchen Food Processing Exemptions (PDF) →
  2. 02
    Choose your shelf-stable menu
    Stick to non-perishable foods: cookies, breads, candies, jams, granola, dry mixes, dried fruits and herbs. Skip cream-filled items, cheesecakes, and refrigerated frostings.
  3. 03
    Set up your business basics
    Pick a business name, file an assumed name (DBA) if needed at your county circuit court, get a local business license, and register with the Virginia Department of Taxation if you sell taxable items.
  4. 04
    Build your label template
    Include your name, address, product name, ingredients by weight, allergens, net quantity, and the required not-for-resale / no-state-inspection statement on the principal display panel.
  5. 05
    Plan in-person sales channels
    The exemption favors in-person transactions: pickup at home, farmers markets, fairs, festivals. Use online and social media to advertise, but route orders to phone, text, or in-person.
  6. 06
    If you need shipping or wholesale, plan a Home Food Processing Operation
    VDACS's Home Food Processing Operation pathway involves an inspection and broader rules but unlocks shipping, online sales, and wholesale distribution.
    Starting a Home Food Processing Business in Virginia (VDACS) →
  7. 07
    Set up Cakery to organize your orders
    Cakery gives you a free bakery page at cakerybakeries.com/your-bakery. Use it as your menu and lead-capture tool, with order placement happening by phone or text per the exemption rules.
    Create a free Cakery page →
Worth knowing

A few things Virginia bakers should know.

  • Online advertising is allowed under HB 759 (2024). Order placement, payment, and delivery must still happen in person, by phone, or by text under the exemption.
  • Shipping and third-party delivery (DoorDash, Uber Eats, USPS, FedEx, UPS) are not allowed under the home kitchen exemption.
  • Acidified foods (pickles, hot sauces, salsas) are capped at $9,000 in annual gross sales and have additional rules.
  • If you want to ship, sell wholesale, or run a full e-commerce store, look at the Home Food Processing Operation path through VDACS.
  • Local business licenses and zoning rules still apply even though the exemption removes most state requirements.
Resources

Bookmark these for Virginia baking.

Official agency resources

VDACS: Home Kitchen Food Processing Exemptions (FAQ)
VDACS's official FAQ on the home kitchen exemption, including allowed foods, labeling, and sales channels.
→
VDACS: Home and Commercial Kitchen-Based Businesses
VDACS hub page covering both the exemption and the Home Food Processing Operation path.
→
VDACS: Home Food Processing Application (PDF)
Application materials for the inspected Home Food Processing Operation path.
→
Virginia Department of Health: Food Safety
VDH's food safety page for additional retail food establishment context.
→

Statute and rules text

Code of Virginia § 3.2-5130 (Home food processing exemption)
→
Virginia HB 759 (2024) (online advertising and acidified-foods cap)
→

Helpful resources for bakers

Forrager: Virginia cottage food guide
Plain-English Virginia overview kept current by Forrager.
→
Forrager: Virginia Home Food Processing Operation guide
Forrager's guide to the inspected path for shipping and wholesale.
→
Institute for Justice: Selling Homemade Food in Virginia
IJ's policy snapshot on Virginia cottage food.
→
Virginia Cottage Food Bakers (Facebook group)
Active Virginia community for cottage food sellers.
→
Cakery Pricing Guide for Cottage Bakers
How Cakery handles your storefront, orders, and customer leads.
→
Recent changes

Recent and upcoming changes in Virginia.

  • July 1, 2024HB 759 took effect: authorized online advertising of cottage food products, raised the acidified foods cap from $3,000 to $9,000 per year, and clarified that the required label statement must appear on the principal display panel.
FAQ

Virginia cottage food FAQ.

Do Virginia home bakers need a permit?
No, not under the home kitchen exemption. There is no state permit, license, inspection, or training required for non-perishable foods sold direct to consumers in person.
Is there a sales cap?
Most products (baked goods, candies, dried foods, jams, jellies) have no statewide cap. Acidified foods are limited to $9,000 in gross annual sales.
Can I sell online or ship in Virginia?
You can advertise online, but the actual order, payment, and delivery must be in person, by phone, or by text under the exemption. Shipping and third-party delivery are not allowed under the exemption. The Home Food Processing Operation path opens those channels.
Can I sell to grocery stores or restaurants?
Not under the home kitchen exemption. The exemption is direct-to-consumer only. Wholesale and retail distribution require the Home Food Processing Operation path.
Do I need food safety training?
No. Training is not required under the exemption, but a low-cost food handler course is encouraged for credibility.
Are cream cheese frosting and cheesecake allowed?
No. Anything that requires refrigeration is outside the exemption. You would need a permitted commercial kitchen for those products.
What is the required label statement?
A statement that the product is not for resale and was processed without state inspection, placed on the principal display panel of the package. Confirm exact wording with VDACS, since it has been refined over recent sessions.
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Last verified May 2, 2026. This page is a plain-English summary of Virginia cottage food laws and is not legal advice. Cottage food rules change, and local health departments often add their own requirements. Always confirm the current rules with the Virginia agency listed in the official resources above before you sell, ship, or label a product.